Decision No. 14,953
Appeal of PAUL W. HOFFMAN from action of the Board of Education of the Genesee Valley Central School District regarding a coaching appointment.
Decision No. 14,953
(September 17, 2003)
Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., attorneys for respondent, Norman H. Gross, Esq., of counsel
MILLS, Commissioner.--Petitioner challenges the decision of the Board of Education of the Genesee Valley Central School District ("respondent") to appoint another candidate as girls' varsity basketball coach for the 2002-2003 season. The appeal must dismissed.
A party whose rights would be adversely affected by a determination of an appeal in favor of petitioner is a necessary party and must be joined as such (Appeal of Monahan, 42 Ed Dept Rep __, Decision No. 14,824; Appeal of Holliday, 40 id. 534, Decision No. 14,549; Appeal of Heller, 38 id. 335, Decision No. 14,048). Joinder requires that an individual be clearly named as a respondent in the caption of the petition and served with a copy of the notice of petition and petition to inform the individual that he or she should respond to the petition and enter a defense (Appeal of Monahan, supra; Appeal of Heller, supra).
Petitioner challenges another candidate's coaching appointment and seeks the removal of individual board members, yet he failed to name the appointee or the board members in the caption or to individually serve them with the notice of petition and petition. Because their rights would be adversely affected by a determination in petitioner"s favor, the appointed girls' varsity basketball coach and individual board members are necessary parties, and the appeal must be dismissed for failure to join.
The appeal must also be dismissed as moot. The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of K.M., 41 Ed Dept Rep 318, Decision No. 14,699; Appeal of N.B., 40 id. 515, Decision No. 14,542; Appeal of N.C., 40 id. 445, Decision No. 14,522). Here, petitioner seeks appointment as basketball coach for the 2002-2003 basketball season. Because the 2002-2003 basketball season has ended, petitioner"s appeal is moot (Appeal of K.M., supra; Appeal of D.C., 41 Ed Dept Rep 277, Decision No. 14,684).
In light of this disposition, I need not address the parties remaining contentions.
THE APPEAL IS DISMISSED.
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